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PEREZ v. MURFF

No. 06-97-00093-CV.

972 S.W.2d 78 (1998)

Julian PEREZ, Individually and as Next Friend and Natural Guardian of Stella Perez, Appellants, v. George Earl MURFF, II and the City of Wichita Falls, Appellees.

Court of Appeals of Texas, Texarkana.

Decided May 20, 1998.

Opinion Overruling Rehearing June 30, 1998.

Attorney(s) appearing for the Case

Robert O. Rafuse, The Office of Steven Williams, Wichita, Frank J. Douthitt, Henrietta, for appellant.

William Andrew Messer, Office of City Attorney, Wichita Falls, for appellee.

Before CORNELIUS, C.J., and GRANT and ROSS, JJ.

OPINION

ROSS, Justice.

The appellants appeal the granting of a directed verdict in favor of the appellees and appeal the denial of their motion for new trial.

The appellants failed to comply with an agreed pretrial order when their trial attorney failed to designate witnesses by the agreed-upon deadline. The appellees filed a motion in limine preventing the calling of any undesignated witnesses at trial, and the judge granted that motion. At trial...

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